Setback for Maran Brothers, HC allows CBI appeal against discharge

In a setback for former Telecom Minister Dayanidhi Maran and his brother-cummedia baron Kalanithi Maran, the Madras High Court on Wednesday set aside a trial court order discharging them from the BSNL illegal telephone exchange case.

In March, the trial court had discharged the Maran brothers in the case which involved the setting up of an alleged illegal BSNL telephone exchange at the residence of Dayanidhi when he was Telecom Minister. Underground cables from the exchange were connected to the office of the Sun TV owned by Kalanithi and the high end broadband connections were used to upload video content by the channel causing a loss to the exchequer.

The CBI moved the Madras High Court challenging the trial court order. Allowing the revision petition Justice G Jayachandran held that the trial judge's order was “erroneous, illegal and perverse” when there was sufficient material on record to prosecute all seven accused including the Maran brothers. Consequently, he directed the trial court to frame charges against the accused and complete the trial within 12 months. The trial court had discharged the accused though the prime accused did not even file a petition for discharge.

When a senior counsel argued in the High Court questioning why the Telecom Minister can't have a telephone exchange at his house when a Defence Minister was entitled to use IAF aircraft and Railway Minister could use saloon in trains, the judge shot back saying the former could have an exchange only if the law permits. In the instant case, the telephone exchange was set up illegally.

“Dayanidhi Maran may have popularised broadband as Telecom Minister but that does give him any right to use the same free of cost,” the judge said.